Terms of Service
These Terms of Service ('Terms') govern your access to and use of the services, websites, and applications offered by KettlebellKitchen.com (the 'Service'). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Service you agree to be bound by these Terms.
Use of the Service
You may use the Service only if you can form a binding contract with KettlebellKitchen.com, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. You must provide us accurate information, including your real name, when you create your account on KettlebellKitchen.com.
We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. We encourage you to use strong passwords (that use a combination of upper and lower case letters, numbers and symbols) with your account. KettlebellKitchen.com will not be liable for any loss or damage arising from your failure to comply with this instruction.
You represent that you are over the age of eighteen (18) years old (the “Minimum Age”). If you are over the Minimum Age, but under the legal age of majority, your parent or legal guardian must consent to this Terms of Service and Privacy Policy, and affirm that they accept this Agreement on behalf of, and bear all legal and financial responsibility and liability for the actions of, any child between the Minimum Age and majority, and expressly ratify and confirm any acts of any such child and all users of the account.
Your License to KettlebellKitchen.com
By submitting, posting or displaying Content on or through the Service, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, create derivative works from, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
You agree that this license includes the right for other users of the Service to modify your Content, and for KettlebellKitchen.com to make your Content available to others for the publication, distribution, syndication, or broadcast of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by KettlebellKitchen.com or others may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Service.
We may modify, adapt, or create derivative works from your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
Additionally, by uploading content to the site, you warrant, represent and agree that you have the right to grant KettlebellKitchen.com the license described above. You also represent, warrant and agree that you have not and will not contribute any Content that:
(a) infringes, violates or otherwise interferes with any copyright or trademark of another party, (b) reveals any trade secret, unless the trade secret belongs to you or you have the owner's permission to disclose it, (c) infringes any intellectual property right of another or the privacy or publicity rights of another, (d) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party, (e) creates an impression that you know is incorrect, misleading, or deceptive, including by impersonating others or otherwise misrepresenting your affiliation with a person or entity; (f) contains other people's private or personal information without their express authorization and permission, and/or (g) contains or links to a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. KettlebellKitchen.com reserves the right in its discretion to remove any Content from the Site, suspend or terminate your account at any time, or pursue any other remedy or relief available under equity or law.
KettlebellKitchen.com Licenses to You
Subject to these Terms, KettlebellKitchen.com gives you a worldwide, royalty-free, revokable, nonassignable and nonexclusive license to re-post any of the Content on KettlebellKitchen.com anywhere on the rest of the web provided that the Content was added to the Service after September 14, 2016, and provided that the user who created the content has not explicitly marked the content as not for reproduction, and provided that you: (a) do not modify the Content; (b) attribute KettlebellKitchen.com by name in readable text and with a human and machine-followable link (an HTML anchor tag) linking back to the page displaying the original source of the content on https:// www.KettlebellKitchen.com on every page that contains KettlebellKitchen.com content; (c) upon request, either by KettlebellKitchen.com or a user, remove the user's name from Content which the user has subsequently made anonymous; (d) upon request, either by KettlebellKitchen.com or by a user who contributed to the Content, make a reasonable effort to update a particular piece of Content to the latest version on https:// www.KettlebellKitchen.com; and (e) upon request, either by KettlebellKitchen.com or by a user who contributed to the Content, make a reasonable attempt to delete Content that has been deleted or marked as not for reproduction on KettlebellKitchen.com.
You may only use the attribution required by this Section in the manner set out above. In exercising these rights, you may not implicitly or explicitly assert or imply any connection with, sponsorship or endorsement by KettlebellKitchen.com, or any KettlebellKitchen.com user of you or your use of the work, without the separate, express prior written permission of KettlebellKitchen.com or the KettlebellKitchen.com user.
We also reserve the right to access, read, preserve, and disclose any information if we believed in good faith that it is reasonably necessary to (i) satisfy any applicable law, regulation, legal process or governmental request (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users (such as these Terms), including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of KettlebellKitchen.com, its users and the public.
Rules
You must not do any of the following while accessing or using the Service:
- (i) use the Service for any unlawful purposes or for promotion of illegal activities;
- (ii) upload or post any Content (as defined above) in violation of the provisions contained in the Your License to KettlebellKitchen.com section of these terms;
- (iii) use the Service for the purpose of spamming anyone;
- (iv) access or tamper with non-public areas of the Service, KettlebellKitchen.com's computer systems, or the technical delivery systems of KettlebellKitchen.com’s providers;
- (v) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
- (vi) access or search or attempt to access or search the Service by any means (automated or otherwise) other than through the currently available, published interfaces that are provided by KettlebellKitchen.com (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with KettlebellKitchen.com (crawling the Service is permissible in accordance with these Terms, but scraping the Service without the prior consent of KettlebellKitchen.com except as permitted by these Terms is expressly prohibited);
- (vii)forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information;
- (viii)interfere with or disrupt (or attempt to do so) the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service.
Proprietary Rights
All right, title, and interest in and to the Service (excluding Content provided by users) are and will remain the exclusive property of KettlebellKitchen.com and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Except as expressly provided herein, nothing in the Terms gives you a right to use the KettlebellKitchen.com name or any of the KettlebellKitchen.com trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding the Service is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
The Service may include advertisements, which may be targeted to the Content or information on the Service, queries made through the Service, or other information. The types and extent of advertising by KettlebellKitchen.com on the Service are subject to change. In consideration for KettlebellKitchen.com granting you access to and use of the Service, you agree that KettlebellKitchen.com and its third party providers and partners may place such advertising on the Service or in connection with the display of Content or information from the Service whether submitted by you or others.
Copyright Policy
KettlebellKitchen.com respects the intellectual property rights of others and expects users of the Service to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide our copyright agent with the following information in accordance with the Digital Millennium Copyright Act:- (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
- (ii) identification of the copyrighted work claimed to have been infringed;
- (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- (iv) your contact information, including your address, telephone number, and an email address;
- (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove Content alleged to be infringing or otherwise illegal without prior notice and at our sole discretion. In appropriate circumstances, KettlebellKitchen.com will also terminate a user's account if the user is determined to be a repeat infringer.
Privacy
Please review our Privacy Policy to learn more about how we collect and use information about you via the Service. By using the Service you consent to the transfer of your information to the United States and/or to other countries for storage, processing and use by KettlebellKitchen.com in accordance with our Privacy Policy. Links The Service may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for:
- (i) the availability or accuracy of such websites or resources; or
- (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by KettlebellKitchen.com of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Disclaimers; Indemnity
Your access to and use of the Service or any Content is at your own risk. You understand and agree that the Service is provided to you on an 'AS IS' and 'AS AVAILABLE' basis. Without limiting the foregoing, KettlebellKitchen.com AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Service or any content thereon. KettlebellKitchen.com will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Service, or any Content. You also agree that KettlebellKitchen.com has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Service. We make no warranty that the Service will meet your requirements or be available on an uninterrupted, secure, or errorfree basis. No advice or information, whether oral or written, obtained from KettlebellKitchen.com or through the Service, will create any warranty not expressly made herein.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KettlebellKitchen.com AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICE; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT KettlebellKitchen.com HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. If anyone brings a claim against us related to your actions or Content on the Service, or actions or Content by or from someone using your account, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
General Terms
These Terms are the entire and exclusive agreement between KettlebellKitchen.com and you regarding the Service (excluding any services for which you have a separate agreement with KettlebellKitchen.com that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between KettlebellKitchen.com and you regarding the Service.
The failure of KettlebellKitchen.com to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.